83R6524 ATP-D
By: Burkett H.B. No. 1857
A BILL TO BE ENTITLED
AN ACT
relating to the elimination of straight-party voting for county or
precinct offices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 52.071(b), Election Code, is amended to
read as follows:
(b) The following instruction shall be added to the
instruction required by Section 52.070(b): "You may cast a
straight-party vote (that is, cast a vote for all the nominees of
one party other than nominees for a county or precinct office) by
placing an 'X' in the square beside the name of the party of your
choice. If you cast a straight-party vote for all the nominees of
one party and also cast a vote for an opponent of one of that party's
nominees, your vote for the opponent will be counted as well as your
vote for all the other nominees of the party other than nominees for
a county or precinct office for which the straight-party vote was
cast. A straight-party vote will not be counted for the nominee of
a party for a county or precinct office."
SECTION 2. Subchapter D, Chapter 52, Election Code, is
amended by adding Section 52.0921 to read as follows:
Sec. 52.0921. COUNTY AND PRECINCT OFFICES. (a)
Notwithstanding any other provision of this code, a straight-party
vote does not count in an election for a county office listed in
Section 52.092(e) or a precinct office listed in Section 52.092(f).
Candidates for county or precinct offices appear with their party
affiliation or independent status displayed next to the candidate's
name in a format prescribed by the secretary of state.
(b) The secretary of state shall prescribe procedures to
inform voters that a straight-party vote does not count in an
election for a county or precinct office. The procedures shall
include signs posted in the polling place and notice on the ballot
or through the voting system on which a vote is cast.
SECTION 3. Sections 65.007(b) and (c), Election Code, are
amended to read as follows:
(b) Except as provided by Subsection (c) or (d), each
straight-party vote shall be tallied for the party receiving the
vote instead of being tallied for the individual candidates of the
party. The total number of straight-party votes tallied for each
party shall be added to the total votes received for each of the
party nominees individually, subject to Section 52.0921.
(c) If a ballot indicates a straight-party vote and a vote
for an opponent of one or more of that party's nominees, a vote
shall be counted for the opponent and for each of the party's other
nominees, subject to Section 52.0921, whether or not any of those
nominees have received individual votes.
SECTION 4. This Act takes effect September 1, 2013.